.. . .

Revenue ( Frequently Asked Questions )

District Major Settlement

Question No-1 Whether separate Khata can be made in the name of son when his father is alive?

Answer- When father is alive no partition or separate khata can be done. But if Revenue Officer has ordered to share partition then separate khata can be done in the name of son.

Question No-2 Whether forcible possessed land can be recorded in the name of occupant?

Answer- No forcible possessed land can be recorded in the name of occupant by the settlement authority.

Question No-3 Why rent case is instituted?

Answer- During Khanapuri or Attestation stage if any mistake in preparation of records of rights and maps is found, the concerned party may file objection petition before the Asst. Settlement Officer in form No.4 within 60 days excluding Government holidays from the date of publication. The said mistake can be corrected through field enquiry by Amin and Asst. Settlement Officer.

Question No-4 Whether any Government  land under illegal possession of any party can be recorded in his favor?

Answer- There is no provision to settle the illegal possessed land or encroachment land by the settlement authority. The same may be disposed by the concerned Tahasildar.

Question No-5 Whether correction can be made of any clerical mistake in the records of rights during distribution of patta?

Answer- According to under section 41 of Orissa Survey and Settlement Act 1958 any clerical mistake in the records of rights can be corrected within seven days from the date of publication by the settlement officer.

Question No-6 While the party is not satisfied on the decision of rent case, can the party appeal further? If yes, to whom he can appeal?

Answer- Yes, the party can file appeal before the settlement officer within the period of 30 days.

Question No-7 Whether any wrong entry in original record of rights can be corrected after distribution of patta?

Answer- There is no provision of settlement authority to correct such mistake after distribution of patta. In this case party may file revision petition before the settlement commissioner.

Question No-8 Why some records are prepared wrongly during settlement operation?

Answer- Generally the settlement authority requires auto most cooperation and documentary evidence from the villagers during demarcation of village boundary, preparation of maps and preparation of records of rights. But in some cases no cooperation and non-production of documentary evidence from the villagers’ side is available during various stages of settlement operation. As a result slight error in the records may be found.

Back

~~*~~

 

 

 

 

 

 

Revenue ( Frequently Asked Questions )

Revenue Section

Question No-1 Do you want partition of your joint holding amicably?

Answer-
1. Apply in plain paper to Tahsildar.
2. Give the detail land schedule.
3. Give the amicable partition chart.
4. All the co-sharers should agree the said partition.
[For detail see Rule 19 of Orissa Land Reforms Act 1965]    

Question No-2 Are you a Scheduled Caste person? Do you want to alienate your land?

Answer-   Alienate it only in favour of a Scheduled Caste person.

Question No-3 Are you unable to find a S.C. person capable of paying the market value of your land?

Answer-

1. Apply in the prescribed form (attached) to Sub-Collector.
2. Obtain his written permission.
3. Alienate the land in favour of non-S.C. person; Court fee – 6 Rupees.

Question No-4 Are you a ST person? Do you want to sale your land?

Answer-  Sale it to a S.T. person.

Question No-5 Are you unable to find a suitable ST person capably of paying the market value of your land?

Answer-
1. Apply in the prescribed form (attached) to Sub-Collector.
2. Obtain his written permission.
3. Sale it to a suitable non-ST person. For detail see section 22-23 of U.L.R  Act 3(2) of Regulation of 1956.
[Permission will be accorded only if the R.O is satisfied that even after alienation, the vendor is not going to be landless & the ground of sell is is quite genius, no SC/ST purchaser is really available.]

Question No-6 Do you have agricultural land?

Answer-   If yes, do not convert it and utilize it for non-agricultural purpose.

Question No-7 Is it essentially required to convert your agricultural land and utilize it for non-agricultural purpose?

Answer-
1. Apply in Form No.-I for conversion.
2. Apply to Tahasildar.
3. Pay the premium calculated by Tahasildar.
4. The land will be settled with you on lease basis.
[For details see Section 8-A of Orissa Land Reform Act]

Question No-8 Are you a SC/ST person? Whether some body has forcibly occupied your land?

Answer-
1. Approach local R.I., W.E.O. or A.D.W.O. and inform him.
2. Approach Sub-Collector.
3. Give an application in plain paper.
4. Land will be restored to you.
[For detail see 23(A) of O.L.R. Act. & 3A(1) of Regulation 2 of 1956]

Question No-9 Have you encroached upon any Government land unauthorizedly?

Answer-
1. Vacate it immediately, or you will be evicted by the Government
2.   You have to pay rent assessed by Tahasildar during the period of occupation.
3.  You have to pay penalty calculated by Tahasildar for the entire period of occupation.

Question No-10 

i)       Have you purchased any land?
ii)      Have you received any land on gift?
iii)     Is any property standing recorded in favour of your deceased father or
        mother?
iv)     Whether any civil suit with respect to any landed property has been
        decreed in your favour?

Answer-

1. Approach Tahsildar.
2. Apply in prescribed Mutation Form (attached) with court fee Rs.10/-.
3. After hearing, the land will be recorded in your favour.

Question No-11 

 i)       Are you a homestead less person?
ii)       Do you along with your family members have no homestead land any
          where in the state?
  iii)      You along with other family members own less than one standard acre
          of land other than homestead.
iv)      Whether total annual income of your family is less than 15,000 per
          annum?

Answer-

1. Apply to Tahsildar in the prescribed format for allotment of house-sites.
2.   Four decimal of land will be allotted in your favour.

Question No-12

i)     Are you a landless person?
ii)      Do you along with your family have less than one standard           acre of land?
iii)     Whether your family income is less than 15,000 per annum?

Answer-

1. Approach Tahsildar.
2. Apply in prescribed Form (attached).
3. If found suitable, you will be allotted with land upto one standard acre for                   agricultural purpose.

Question No-13

i)      Do you want (SC/ST) Caste certificate?
ii)      Do you want Residential certificate?
iii)       Do you want Legal heir certificate?
iv)      Do you want Income certificate?
v)         Do you want Identity certificate?

Answer-

1. Approach Tahsildar.
2. Apply in Form No.-I.
3. Affix court-fee amounting to Rs.3/-.
4. For Residence certificate, give patta, or rent receipts or any other                     documents  in your favour.
5. For Legal heir & Income certificate give an affidavit.

Question No-14  Do you want Solvency certificate?

Answer-

1. Apply in Form No.-I.
2. Affix court-fee amounting to Rs.3/-.
3. Give an affidavit.
4. For solvency certificate above 1 lakh apply to Sub-Collector.

Question No-15  Are you paying your annual land cess, water rate etc. in time?

Answer-

1. Pay it regularly.
2. Interest is imposed on arrear demand.
3. Always obtain rent receipts after paying the dues.

Question No-16 

i)        Have you not paid any Government dues?
ii)         Have you not repaid any bank loan?
Answer-
1. You will face certificate case.
2. Interest will be calculated on these arrear demands.
3. Your movable, immovable properties will be auction sold for realization of these dues.
4. In case of non-realization, punishment of civil imprisonment will be                      awarded.

Question No-17

  i)       Are you carrying on any money lending business?
ii)       Have you been registered as a money lender?
  iii)        Are you claiming more interest than prescribed by              Government
iv)       Are you advancing less amount of loan than shown in your              accounts?

Answer-

1. You are liable to pay penalty of Rs.1000/- or you will be imprisoned for a term of one year or more.

Question No-18  Do you want to be a registered moneylender?

Answer-
1. Apply in plain paper to sub-Registrar.
2. Take 9% simple interest on secured loan.
3. Take 12% simple interest on insecured loan.

Question No-19  Are you encroaching upon lands of National Highway?

Answer-
1. Vacate it immediately or you will be evicted.
2. Any structure constructed by you will be demolished by the Estate                          Office (Tahsildar)

Question No-20  Do you want Government land for any industry, school, cultural institution or cooperative society?

Answer-
1. Approach Tahsildar.
2. Apply in prescribed form (attached).
3. Affix court-fee amounting to Rs.10/-.
4. Land may be allotted on lease basis.

Question No-21  Do you have any dispute relating to the identification of a land with your neighbour?

Answer-
1.Approach Tahsildar.
2. Apply in plain paper.
3. Affix court-fee amounting to Rs.3/-.
4. Pay Rs.8/- for demarcation of part of a plot.
5. Pay Rs.4/- for demarcation of the whole plot.
6. Obtain proper receipt.
7. Your land will be demarcated in presence of the opposite party.

Question No-22  Are you going to purchase land?

Answer-

1.  Verify the record of Registration (Patta).

2. Verify the Rent receipts (Pauti).
3.   Verify that the possession of the vendor is undisputed.
4.   Obtain the Incumbency certificate from the Sub-Registrar.
5.   Verify that the land has already not been transferred to anybody else.
6.    Get the land demarcated prior to purchase.

Question No-23  Are you lifting any minor-minerals from any Government land unauthorizedly?

Answer-   You are liable to punishment with imprisonment for a term which may extend to 6 months or with fine up to One Thousand Rupees.

Question No-24  Are you going to start a brick kiln in your land?

Answer-
1. Apply to Tahsildar.
2. Obtain permission.
3.    Pay Rs.12.50 per 1000 pieces.

Question No-25  Are you aggrieved with any activity of your local R.I.?

Answer-   Approach Tahsildar to ventilate your grievance.

Question No-26  Are you aggrieved with any orders of Tahsildar?

Answer-   Go on appeal to Sub-Collector.

Question No-27  Are you aggrieved with any orders of Sub-Collector?

Answer-   Approach the District Collector or A.D.M.

Question No-28  Whether your land is coming within the certified Ayacut area of any irrigation project?

Answer-

1. See that the land is getting irrigated properly.

2. Pay the water rate regularly.

3.  If the land is not getting irrigated properly, approach Tahsildar.

Question No-29 Whether your recorded land has been occupied by any organisation for public purposes?

Answer-

1.Verify, whether land acquisition proceeding has been initiated.

2. Whether compensation for the said land has been awarded.

3.  If the proceeding has not been initiated or compensation  amount has not been paid,    approach the Land Acquisition Officer of the district.

4.  Report about the occupation of your land.

5.Give the name of the occupying organisation.

6.Write the purpose for which the land has been occupied.

Question No-30  Whether any notice has been served in your locality to acquire private land by Government for public purpose?

Answer-   If you have any objection against this acquisition, file objection within 30 days from the date of publication of notification.

Question No-31  Are you not satisfied with the compensation amount awarded by the Land Acquisition Collector?

Answer-   Write an application to the Land Acquisition Collector to refer the matter to civil court U/S 18 of the Land Acquisition Act.

Question No-32  Within how many days the application shall be made by the awardee?

Answer-   Within 6 weeks from the date of receipt of the notice from the Collector U/S 12(2) or within 6 months from the date of Collector’s  award whichever period shall first expire.

Back

~~*~~

 

 

 

 

 

 

 

 

Revenue ( Frequently Asked Questions )

District Sub-Registrar

Question No- 1 How is a document registered?

Answer - The Registering officers are authorised to accept documents from the Registrar not public. Executants. The I.G.R. Orissa Cuttack in his letter No.I-7-2/90-91(23) dated 08.01.91 prescribed time for acceptance of document from first 3 and ½ hours i.e. from 10 A.M. to 2.30 P.M. This is the main factor for information to the registrar public.

          There are various kinds of documents presented for Registration, which are depicted in the Indian Stamp Act.

          Generally the following types of documents are presented for registration. The State Govt. from time to time make rules and amendments for Collection of stamp duty and Regn. Fees in those instruments.

          The State Govt. vide their Notification No.1473 dt.31.10.1985 and No.1017 dt.15.07.1985 state the varieties of documents registered at the Regn. Offices.

(i) ADOPTION DEED : Under article-3 of the Indian stamp Act. The Stamp duty is chargeable Rs.200/- and Regn fees Rs.300.00

(ii) Affidavit : Under article 4 of the Stamp Act. The stamp duty now chargeable Rs.10.00 and Regn fees Rs.50/-.

(iii) Agreement : Under Article 5 of the Stamp Act. The stamp duty is chargeable at Rs.3.00 and Regn. Fees chargeable as per the amount or value stated in the document of if there is no amount then flat fees of Rs.400/-.

(iv) Appointment of Execution of powers : Under article 7, The stamp duty chargeable Rs.100/- and Regn. Fees chargeable as per the value or flat fees Rs.400/- if there is no value.

(v) Bond : Under article 150 of the Indian Stamp Act. Stamp duty & Regn. Fees chargeable on Bond value stated in the document.

(vi) Cancellation of documents : Under article 17 stamp duty Rs.100/- and fixed fees Rs.100/-.

(vii) Certificate of Sale : Under article 18 of the stamp act. The stamp duty is chargeable Rs.42.00 per thousand and Regn. Fees as per value stated in the document.

(viii) Conveyance : Under article 23 of the stamp act. It relates to instruments of both movable and immoveable property by wary of sale. Stamp duty chargeable Rs.42/- per thousand, Rs.21/- for every five hundred and part thereof excess to Rs.1000/- Besides the above stamp duty Rs.42/- per thousand the additional stamp duty is also chargeable for different property as the schedule given below : Such as property situated in Rural area Rural area with town planning area and Urban areas i.e. Municipality and N.A.C.

Amount of Value specified In doct. Rate of Addl. stamp duty in Respect of property Situated in rural areas Rate of Addl. stamp duty in respect of property situated in urban Rate of 2% additional stamp duty in respect of property situated in town planning areas
Not exceeding Rs.2000/- 2% 3% 2%
Exceeding Rs.2000/-   not      
Exceeding Rs.5000/- 31/2% 5% 2%
Exceeding Rs.5000/- not      
Exceeding Rs.10000/- 41/2% 7% 2%
Exceeding Rs.10000/- not      
Exceeding Rs.25000/- 51/2% 81/2% 2%
Exceeding Rs.25000/- 61/2% 101/2% 2%

          The registration fees chargeable Rs.20/- per thousand and Rs.10/- for every five hundred or part thereof in excess to Rs.1000/-.

(ix) Copy of extract : Under article 24 of stamp duty act, This is relates to certified copy of a document or extract by order of any public officer no. fees is chargeable. In other case Rs.5/- stamp duty is chargeable.

(x) Counter part or Duplicate : Under Article 25 of the stamp Act. The stamp duty is chargeable Rs.5/- and Regn fees are chargeable Rs.100/- in maximum.

(xi) Divorce : It is falls under Article 29 of the stamp Act. Stamp duty chargeable Rs.100/- and fees chargeable Rs.400/-.

(xii) Exchange of Property : It falls under article 31. The stamp duty and Regn. Fees is chargeable as per article 23 i.e. conveyance.

(xiii) Indemnity Bond : It falls under article 34 of the stamp act. Stamp duty chargeable Rs.21/- and Regn. Fees chargeable according to valuation stated in documents. It is generally registered when any amount of compensasion is given to the party.

(xiv) Lease deed : Under article 35 of the stamp act. It is including on under lease or sub-lease and any agreement to let or sub let. The stamp duty and Regn. Fees calculated on the basis of period, amount advance, premium and rent or Royalty mentioned in the lease deed.

(xv) Mortgage Deed : Under article 40 stamp act. When possession of the property or any part of the property comprised in such deed is given by the mortgage or agreed to given. The stamp duty is chargeable u/a 23 (conveyance) in other cases the stamp duty is chargeable Rs.21/- for first thousand and Rs.11/- for every Rs.500/- or part hereof. The Regn. Fees chargeable as per conveyance rate.

(xvi) Partition : This is falling under Article 45 of the Stamp Act. The stamp duty is chargeable Rs.21/- for first 1000/- and Rs.11/- for every Rs.500/- or part there of excess to Rs.1000/-. The stamp duty and Regn. Fees chargeable excluding the highest share of the document.

(xvii) Partnership : This type of deed relates under article 46 of stamp Act. The Stamp duty chargeable Rs.100/- and Registration fee is chargeable Rs.20/- per thousand and Rs.10/- for every Rs.500/- or part thereof in excess to Rs.1000/-.

(xviii) Power Attorney : This falls under Art. 48 of Indian Stamp Act. The stamp duty is chargeable Rs.50/- and Regn. Fees Rs.250/- for General Power and for special power stamp duty is Rs.10/- only for specific purpose.

(xix) This Deed of Reconveyance of mortgage deed falls under article 54 for stamp act. The property which is mortgaged by the lone in any financial institution. When the party repaid the loan, a separate deed is to be registered by the loan granting institution. The stamp duty is fixed at Rs.42/- and Registration fee chargeable Rs.20/- for thousand and Rs. 10/- for 500 for part and there of excess to Rs.1000/-.

(xx) Release : This fall under article 55 of the stamp Act. The deed is registered by a person by relinquish his claims. The stamp duty is chargeable maximum to Rs21/- and fees as per amount stated in the document.

(xxi) Security Bond : Under Article 57 of the Stamp Act. The stamp duty is chargeable Rs.21.00 as maximum and fees charges as per the rate of conveyance.

(xxii) Settlement : Under Article 58 of the Stamp Act. Stamp duty chargeable as per Article 16 and fees as per conveyance rate.

(xxiii) Deed of Trust : This deed is falls under Article 64. The stamp duty is chargeable Rs.62/- as maximum and fee Rs.500/-. For revocation of the Deed the Stamp duty is chargeable at Rs.100/- and Regn. Fees Rs.250/-.

          Besides the above fees the party is liable to pay endorsement fee of Rs.5/- and fixed fee of Rs.1/- also charged for filling notices under the Orissa Land Reforms Act in each document where necessary.

Question No- 2 How is to get stamp papers?

Answer - The party can get stamp papers from the stamp vendor appointed by District Magistrate, Sub-Collector, District Registrar of the District. By paying requisite amount for execution of deed. The Stamp papers also available from the District Treasury of Sub-Treasury of that locality where that facility is available. By depositing chalan for the purpose.

Question No- 3 How is to get an Encumbrance certificate from the Registration office?

Answer - The Encumbrance certificate is granted to the party. The party has to fill up the application meant for E.C. and blank certificate forms with details of the property. I.e. Mouza, Khata No. , Plot No. Area, Kisam and boundary on the application form correctly. After scrutiny of the application the fees will be charged on the basis of Village, Home stead and Agriculture land, Kisam and owner ship of the property as declared in the application forms. The E.C. is granted on the same day to the applicant charging urgent fees twice the normal .i .e. expedition fees as per the fee table. The period of the E.C. required will also be mentioned in the application.

Question No- 4 How is to get a certified copy from the Registration Office?

Answer - The party first fills up the details information in the prescribed from i.e. in form No.23 for searching the records. For Inspection copy, the party should fill up the form No.24. The party should submit the application forms with requisite Non-judicial stamp papers worth of Rs.5/- before the D.S.R/S.R. for obtaining the copy of the document. After correctness of the application and deposit of the requisite fees, the copy is granted.

Question No- 5 How is the document registered at the Private residence?

Answer - Document also registered at private residence of the executants. The person who by reason of bodily infirmity are unable without risk, or serious inconvenience, person who is in jail under Civil or criminal process or a person exempted by law from personal appearance and parading lady may apply to the Registering office and deposit the requisite fees for the purpose. The D.S.R/SR. will visit to the private residence of the party, examine and register the document.

Question No- 6 How is the special Marriage Act dealt by the Marriage officer?

Answer - (i) Besides the registration of document the District Sub-registrar at the District Head quarter is declared as the Marriage Officer of that district. The bridegroom and the bride who are residing the jurisdiction of that marriage officer preceding not less than one month may apply either as per section 5 or 15 of the Act & one month notice to the Marriage officer in persons for sending their application by Registered post in form u/s 5 under the special Marriage Act, 1954. They are also remitted Rs. 3/- by money order to the marriage office. There is certain conditions for this purpose. The bridegroom must have completed 21 years and the bride must have completed 18 years on the date of application. If there will be no objection, the marriage will be solemnised after 30 days and within 3 months from the date of application and receipt of the fee before the marriage office. One the day of solemnisation of the marriage both the Bridegroom and bride, along with three witnesses and poof of age certificate from the competent authority is required for this purpose.

(ii) Any previous marriage can be registered in this court. For this purpose form no. 15 is required and fully filled in by both the Husband and wife. Both should complete more than 21 years on the date of application. And the other process is same as above.

          The prescribed fee for this purpose is too nominal. For application i.e. for notice only Rs3/-, on the date of solemnization Rs.10/- of obtaining certified copy of the certificate. So, this should be brought to he information of the General to prevent dowry system in the society.

Question No- 7 Why under valuation cases booked under section 47-A and How to eradicate it?

Answer - The document is booked under valued under Section 47-A to prevent the leakage of the Govt. revenue. If any document is registered the lower valuation of that particular village under the same chiasm of land the document is booked under Section 47-A to realise the deficient Govt. dues taking into account of the highest instant of same category of land of preceding three years.

          Govt. have declared to the D.S.R. and Sr. and Dy. I.G.R. as the Collector for collecting stamp duty and Registration fees in this regard vide Revenue Deptt. Notification No. v-3/93-3750 dt. 13.09.93.

          The Register Officer first issue notice to the party to deposit suo motu the deficient Govt. dues. It the party does not turn up the case is transferred to the next higher court to decide the matte. The D.S.R. is the Stamp Collector and appellate court to decide the case of Sub-Registrars of his jurisdiction i.e. within the district. And the Dy. I.G.R. in their respective range or zone is the appealing authority to decide the cases. The District Sub-Registrar Should transferred the cases where the deficit dues are not realised by him on the document registered in his office. Within one month from the date of booking of the case.

Question No- 8 How is a document written? What are the charges on it?

Answer - The licensed deed writers can write documents. The District Registrar, in the district is the licence issuing authority in his district. The Executant of the document can write document. The Advocate clerk of the concerned advocate who have Clerks card issued by District Judge or any issuing authority can scribe documents.

          I.G.R. has prescribed fees for writing of documents from time to time for the licensing Deed writers.

Question No- 9 Besides the above, will can be registered in the Registration offices. The stamp duty for this purpose is nil and the fixed fee is now prevailing is Rs.300/-

          Sealed cover will also be presented or submitted by post only address to the District Registrar of that district.

          These are the salient features and detail function of the Registration offices in a district.

Back

~~*~~

 . .